Hennepin County Attorney Mary Moriarty announced Monday an investigation into the conduct of federal immigration agents during a recent crackdown in Minnesota, potentially leading to criminal charges. The probe, focused on incidents within Hennepin County – which includes Minneapolis and surrounding suburbs – comes after a two-month period of heightened immigration enforcement that drew criticism from community groups and legal observers. The investigation into potential misconduct by approximately 3,000 federal agents is already examining 17 cases, signaling a significant challenge to federal authority in immigration matters.
At the heart of the investigation is the conduct of U.S. Border Patrol Commander Greg Bovino, whose actions during protests on January 21st are under scrutiny. Moriarty’s office is investigating an incident where Bovino allegedly threw a smoke canister at protesters, according to reports. Another incident on January 7th involved federal officers deploying chemical irritants while making an arrest outside Roosevelt High School, while students and staff were present. These incidents, along with others, prompted Moriarty to establish an online portal for the public to submit photos, videos, and eyewitness accounts related to “Operation Metro Surge,” the name given to the recent immigration enforcement effort.
The Department of Homeland Security (DHS) swiftly responded to the announcement, asserting that immigration enforcement is a federal responsibility and that states lack the authority to prosecute federal officers. In a statement released Monday night, DHS argued that attempts by Minnesota to pursue charges are “unlawful,” claiming federal officials are immune from state prosecution while acting within their official duties. The department further suggested that local officials should focus on ensuring the safety of federal law enforcement officers.
Moriarty, however, remains resolute. “Develop no mistake, we are not afraid of the legal fight, and we are committed to doing this correctly,” she said during a news conference. She added that “Operation Metro Surge caused immeasurable harm to our community.” The prosecutor indicated her office is prepared to pursue legal action, even if it means suing the federal government to obtain necessary evidence for the investigations, setting a Tuesday deadline for a response.
Bovino has a history of implementing aggressive tactics during immigration crackdowns, having previously led similar operations in Chicago and Los Angeles. In Chicago, his methods involved frequent deployment of chemical irritants as crowd control, leading a judge to order him to wear a body camera and appear in court daily to address concerns about the crackdown – an order that was later overturned. His leadership in Minnesota was cut short after two separate incidents in January resulted in the fatal shootings of 37-year-traditional Renee Good and 37-year-old Alex Pretti by federal officers, sparking nationwide protests and criticism of DHS leverage-of-force policies.
The deaths of Good and Pretti are also under investigation by Moriarty’s office, and she expressed confidence in her team’s ability to pursue charges in those cases. The Department of Justice has opened a civil rights inquiry into Pretti’s death, but declined to open a similar investigation into Good’s death, and the FBI barred state investigators from accessing evidence related to Good’s case, according to reports.
Rachel Moran, a professor of criminal law and policing at the University of St. Thomas School of Law in Minneapolis, explained the potential legal avenues for prosecution. “These would be situations where the state has to determine: Is there evidence that agents acted unlawfully and outside the scope of their authorized duties?” she said. “I think agents did illegal things here. I watched it.” Moran suggested potential charges could include assault or property damage, stemming from instances of unjustified use of chemical weapons, physical force, or damage to property.
Mark Osler, a former director of the criminal division under Moriarty and currently a law professor at the University of St. Thomas, emphasized the importance of transparency and truth-telling in the process. “One of the most vital roles that prosecution has … is truth-telling, is to bring to the surface what actually happened at a given time,” Osler said. “We’ll all know more than just what we saw in those initial videos by the time she’s done. I’m confident of that.”
The investigation is unfolding against a backdrop of ongoing debate over immigration enforcement and the balance of power between federal and state authorities. The outcome of Moriarty’s probe could set a precedent for how states respond to perceived misconduct by federal agents and could significantly impact future immigration enforcement operations. Moriarty’s office has indicated it will continue to collect evidence and pursue all available legal avenues, even if it means challenging the federal government in court.
The next step in the process is the federal government’s response to Moriarty’s request for evidence by Tuesday. The outcome of that exchange will likely determine the course of the investigation and whether legal proceedings will follow. Community members are encouraged to submit any relevant information through the online portal established by the Hennepin County Attorney’s Office.
Raza reported from Sioux Falls, South Dakota, and Fingerhut reported from Des Moines, Iowa.
This article provides information for general awareness and does not constitute legal advice.
If you have information related to this investigation, or are seeking legal assistance, please contact the Hennepin County Attorney’s Office or a qualified legal professional.
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